A matter of safety: Utah's coal mines repeatedly break rules

Occasionally, some truly big fines are proposed.

The two largest fines proposed by inspectors since 2004 — at $29,500 each — were at the Aberdeen Mine. Both were issued on April 26, 2006. One was for an inadequate roof control plan and one was for inadequate protection from falls of the mine's roof, face and ribs. The fines have not yet been paid and could still be challenged, according to MSHA data.

Other proposed or finalized fines of more than $10,000 each included: $20,500 at the Sufco Mine for work happening under an unsupported roof; and fines of $13,268 each at the Emery Mine and the Dugout Canyon Mine for excessive accumulation of coal dust.

No deterrent?

Critics say fines are usually so small and the threat of long-term closure of a mine by inspectors is so remote that neither is much of a deterrent to unsafe operations that might help tight profit margins.

Also, they say worker compensation laws prevent suing mine operators for death or injury unless they intentionally cause harm or death — which also does not provide much economic incentive for extra safety.

"The fines are so small they are not a deterrent at all. In fact, they are virtually factored into the profit and loss statements of the mining companies, and they can easily absorb those," said Ted Schmidt, a Tucson lawyer who has been involved in some suits against mining manufacturers for accidents (since mine operators are usually off-limits).

"In this day and age, and with all we know about mining, there ought not be these kinds of accidents if we abide by the rules," he said. "But the penalties are not adequate to get anyone's attention. ... Profit margins are so tight that, unfortunately, miners become expendable."

Emily Spieler, dean of the Northwestern University Law School in Boston, agrees there is not much economic pressure for miner safety.

"I ran the workers compensation system in West Virginia a few years ago. When I left, I was tempted to write (for a local newspaper) a story titled, 'How much does it cost to kill a West Virginia coal miner?' The answer is: not very much," she said, noting miners' families get relatively few benefits, and it costs operators relatively little.

Schmidt said, for example, that as long as mine operators participate in the workers compensation insurance program, they by law cannot be sued by workers or survivors for injuries or death unless the employer intentionally caused harm. He said workers end up with a relative pittance, with survivors receiving funeral costs and a share of lost future wages.